Mich. Comp. Laws » Michigan Compiled Laws / Chapter 24 / Act 306 of 1969
Michigan Compiled Laws

Mich. Comp. Laws § 24.226 (2026)

Adoption of guidelines in lieu of rules prohibited.

✓ current as of July 2026
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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.226 Adoption of guidelines in lieu of rules prohibited.

Sec. 26.

    An agency shall not adopt a guideline in lieu of a rule.

History: Add. 1977, Act 108, Eff. Jan. 1, 1978

PopularName Notes:

Act 306

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APA
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1979–2024 · leading case: Am. Fed'n of State, Cnty. & Mun. Employees v. Dep't of Mental Health, 550 N.W.2d 190 (Mich. 1996).
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Am. Fed'n of State, Cnty. & Mun. Employees v. Dep't of Mental Health, 550 N.W.2d 190 (Mich. 1996). · cites it 2× “Further, in order to reflect the APA's preference for policy determinations pursuant to rules, the definition of "rule" is to be broadly construed, while the exceptions are to be narrowly construed. Detroit Base Coalition, supra at 183-184, 428 N.”
Williams v. Warden, 279 N.W.2d 313 (Mich. Ct. App. 1979). “We will assume that guidelines have been established; however, the Administrative Procedures Act, under which the good-time rules must be promulgated, specifically provides, MCL 24.226; MSA 3.560(126): "An agency shall not adopt a guideline in lieu of a rule”.”
Constantino v. Michigan Dep't of State Police, 707 F. Supp. 2d 724 (W.D. Mich. 2010). · cites it 2× “See Mich. Comp. Laws § 24.226 (“An agency shall not adopt a guideline in lieu of a rule.”
MICHIGAN Elec. & GAS ASS'N v. Michigan Pub. Serv. Comm., 652 N.W.2d 1 (Mich. Ct. App. 2002). “MCL 24.226. Here, although the PSC labeled its regulatory standards as "guidelines," they were not adopted as such in accordance with Chapter 2 of the Michigan APA, M.”
In re Pub. Serv. Comm'n Guidelines for Transactions between Affiliates, 652 N.W.2d 1 (Mich. Ct. App. 2002). “MCL 24.226. Here, although the psc labeled its regulatory standards as “guidelines,” they were not adopted as such in accordance with Chapter 2 of the Michigan apa, MCL 24.”
Twp. of Hopkins v. State Boundary Comm'n (Mich. Ct. App. 2022). · cites it 2× “” MCL 24.226. Analysis of the “informational guidelines” submitted to the Court of Claims and to this Court that are posted on the Internet by the Commission indicates that they describe the process the Commission follows related to annexation petitions and provide information…”
Philip M O'Halloran Md v. Sec'y of State (Mich. Ct. App. 2023). · cites it 2× “225 and specifies that “[a]n agency shall not adopt a guideline in lieu of a rule,” MCL 24.226. [340 Mich App at 689.] Moreover, an administrative rule cannot conflict with a statute.”
Constantino v. Michigan Dep't of State Police, 794 F. Supp. 2d 773 (W.D. Mich. 2011). · cites it 2× “Mich. Comp. Laws § 24.226 ; see Delta Co.”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022). “Under MCL 24.226, an agency may not adopt a guideline in lieu of a rule.”
New Covert Generating Co. LLC v. Twp. of Covert (Mich. Ct. App. 2024). “” MCL 24.226. Accordingly, the MTT’s unique position as a quasi-judicial agency with exclusive jurisdiction over tax appeal proceedings implies that information in the possession of the MTT that is protected under MCR 2.”
New Covert Generating Co. LLC v. Twp. of Covert (Mich. Ct. App. 2024). “” MCL 24.226. Accordingly, the MTT’s unique position as a quasi-judicial agency with exclusive jurisdiction over tax appeal proceedings implies that information in the possession of the MTT that is protected under MCR 2.”
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